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29 sept 2012

Gaza Declaration from the International Association of Democratic Lawyers

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From September 24th to 28th, 2012, the International Association of Democratic Lawyers (IADL), a non-governmental organization of progressive lawyers from all over the world with consultative status in Economic and Social Council (ECOSOC), held its bureau meeting in Gaza, occupied Palestine.

We came to show our solidarity with the Palestinian people and their cause and to lift our voices in affirming the basic rights of the Palestinian people to self-determination, and an end to the illegal occupation and closure of the Gaza Strip.

The IADL met with the Palestinian Bar Association, the Palestinian NGO Network (PNGO), human rights organizations, women’s rights organizations, international organizations, Palestinian political factions, and government officials.. We visited with the Prime Minister and The Minister of Justice. We held discussions with representatives of all political parties and affected individuals.

Throughout these events and meetings, the IADL was able to gain first-hand information on the prevailing situation in the occupied Palestinian territory, particularly in the Gaza Strip.

The struggle of the Palestinian people is a just struggle to which IADL commits its support.

WE THEREFORE DECLARE:

Self-determination and an End to the Occupation

We affirm the right of the Palestinian people to self-determination, independence, and statehood, including the realization and protection of their inalienable rights.

Self-determination is a basic right of all peoples enshrined in Article 1 of the United Nations Charter, the International Covenant on Civil and Political Rights, and the International Covenant on Economic Social, and Cultural Rights.

We affirm the illegality of the belligerent Israeli occupation, and support the Palestinians’ right to territorial integrity, and an end to the occupation.

IADL calls for the immediate end of the occupation.

End Impunity for Crimes

We condemn Israel’s illegal occupation of the West Bank and Gaza Strip, illegal acts of aggression, including the closure of Gaza, as well as many war crimes and crimes against humanity. We condemn Israel’s violations of international humanitarian law and basic human rights law.

We condemn all acts of aggression against the Palestinian people, including targeted killings of civilians.

We affirm that the international community has a responsibility to end the impunity Israel currently enjoys, mainly due to the strong support of the United States.

We affirm the right to bring cases against identified perpetrators of war crimes under the principle of universal jurisdiction.

The IADL calls on the United Nations to immediately implement the recommendations made in the Goldstone Report.

Maintenance of a culture of impunity is a threat to public international law and world peace.

Release of Palestinian Prisoners and an End to Torture

IADL condemns the fact that thousands of Palestinians remain in Israeli jails. Many are held without charge under a continuing unjust regime of administrative detention.

Approximately 8,000 Palestinian children have been arrested since 2000. The arbitrary detention and ill-treatment of children are in clear violation of the Convention on the Rights of the Child, as is the separation of children from their families.

Two distinct sentencing regimes lead to harsher sentences for Palestinian children, compared to Israeli children, recalling the practices of apartheid South Africa.

IADL has heard many claims of torture and cruel, inhuman, and degrading treatment suffered by Palestinian prisoners and the denial of family visits by Israeli authorities. Many prisoners have engaged in hunger strikes to protest these conditions.

The Convention Against Torture prohibits these practices, and all those responsible for ordering and implementing the use of torture must be held accountable.

We call for the immediate and unconditional release of all Palestinian prisoners held in Israeli jails, and an end to impunity for the torture of these prisoners.

Human Rights Violations and Collective Punishment

The closure of the Gaza Strip prevents the people of Gaza from exercising and enjoying their fundamental human rights to adequate housing, health care, education, work, water, development, and a healthy environment.

Life and water are inextricably linked. Israel’s policies prevent the Palestinian people from having access to this essential resource, as the closure has resulted in the lack of sewage treatment and desalination plants. This situation represents a direct threat to the existence of Gaza’s population, as the Gaza aquifer, their primary source of water, will be irreparably damaged by 2016 unless immediate remedial action is taken.

Israel’s closure of Gaza severely limits the availability of food, fuel, electricity, and construction materials, amongst many other items. The closure constitutes a direct threat to the livelihood and security of the people of Gaza. Restrictions on the freedom of movement to jobs and employment have caused a high unemployment rate, which leads to poverty, and widespread malnutrition.

Restrictions on access to agricultural land and fishing waters, enforced through arbitrary arrest and the use of force, aggravates the already high levels of poverty.

The IADL understands that the right to peace is only achieved once all human rights are fulfilled in an environment free from war, threats, and aggression. Israel’s illegal closure makes impossible the achievement of the right to peace, in violation of the first purpose and principle of the United Nations Charter.

The Israeli actions not only constitute illegal collective punishment of the entire population of the Gaza Strip, but are a precursor to genocide, and have resulted in crimes against humanity and war crimes.

We call on Israel as an occupying power not only to stop these violations of human rights, but to also ensure that all human rights are protected and respected.

Complicity of the International Community in Israeli War Crimes

The failure of the international community to hold Israel accountable for its crimes against the people of Palestine makes it complicit in these actions.

If the International Criminal Court continues to refuse to act on the case of Palestine, and if the Security Council fails to act to hold Israel accountable, the IADL calls upon the people of the world to demand the General Assembly to act under Article 22 of the United Nations Charter and set up a subsidiary body to investigate and prosecute these crimes.

IADL especially condemns the United States for its obstruction of the implementation of Security Council resolutions requiring Israel to recognize the rights of the Palestinian people, and for exercising its veto when any action critical of Israel comes before the United Nations.

IADL supports international efforts to boycott Israeli products, divest from Israeli business, and sanction Israel for its crimes.

We urgently call for all states to immediately put an end to any commercial transaction regarding weapons and military technology to and from Israel, in compliance with the general disarmament duties laid out in Article 26 of the UN Charter.

IADL confirms and declares that we shall work side by side with the Palestinian people in their pursuit to end the illegal occupation and realized their right to self-determination by:

1- Setting up and assisting in the coordination of an international network of jurists who stand in solidarity with the Palestinian people, and pledge to take up their cause all over the world, using all national and international legal instruments available to challenge Israeli impunity, end the illegal occupation, closure and consequent human rights violations;

2-To assist all our member organizations around the world to engage in promoting an economic, cultural and academic boycott of Israel, as part of the international campaign for boycott, divestment, and sanctions.

28 sept 2012

PCHR Weekly Report: 2 killed, 2 wounded by Israeli forces this week

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In its Weekly Report On Israeli Human Rights Violations in the Occupied Palestinian Territories for the week of 13- 19 Sep. 2012, the Palestinian Center for Human Rights found that the Israeli military extra-judicially executed two members of the Palestinian resistance and wounded a third one in the southern Gaza Strip town of Rafah.

In addition, Israeli forces used force to disperse peaceful protest organized by Palestinian civilians in the West Bank. A Palestinian child and an Israeli human rights defender were wounded. Dozens of protesters suffered from tear gas inhalation.

Israeli attacks in the West Bank:

Israeli forces conducted 23 incursions into Palestinian communities in the West Bank.

A Palestinian child was wounded during an Israeli incursion into al-Fawar refugee camp, south of Hebron.

Israeli forces abducted 7 Palestinians, including a university professor, in the West Bank.

Israeli forces abducted at least 3 Palestinian children at military checkpoints in the West Bank.

Israeli attacks in the Gaza Strip:

In the Gaza Strip, on 19 September 2012, Israeli forces extra-judicially executed two members of the Palestinian resistance and wounded a third one in Rafah. An Israeli warplane fired a missile at the vehicle in which the three members were traveling. Israeli forces admitted responsibility for the attack and claimed that the targeted persons are members of “Al-Aqsa Guards Group,” which is close to Hamas.

According to investigations conducted by PCHR, at approximately 22:30, an Israeli warplane fired a missile at a vehicle (a White Toyota Hilux) that was traveling near Abu Taha fuel station in al-Salam neighborhood in the south of Rafah. Three members of “Al-Aqsa Guards Group,” which is close to Hamas, who work in the Ministry of Interior and National Security of the Gaza government, were traveling in the vehicle.

The missile hit the car directly. As a result, two members of the group were instantly killed:

Anees Mohammed Abu al-‘Einain, 36; and
Ashraf Mahmoud Saleh, 33,

both from Rafah. The third one was seriously wounded (PCHR keeps his name).

According to Israeli media sources, the Israeli military admitted responsibility for the attack. They reported that an Israeli military source stated that the targeted persons are members of “Al-Aqsa Guards Group,” which is close to Hamas and active in Gaza. The source further claimed that the group “receives financial support from the Minister of Interior in Gaza government, Fathi Hammad.”

According to the same sources, one of the targeted persons, Anees Abu al-‘Einain, “was planning for an attack inside Israel, and that he was involved in several attacks against Israelis, smuggling explosives from Gaza to Israel through Egypt and attempting to carry out terrorist attacks in several areas, including the West Bank and Jerusalem.”

The source further claimed that Saleh, a former activist of the Popular Resistance Committees had been abducted and he “confessed that he had transported two terrorists to Egypt to carry out a suicide attack,” and that “he was involved in smuggling weapons to Sinai from Gaza.”

Israeli forces continued to fire at Palestinian fishing boats in the Gaza Strip. On 17 September 2012, Israeli gunboats opened fire at Palestinian fishing boats in the northern and southern Gaza Strip. No casualties were reported.

Israeli forces abducted 3 Palestinian children from the Gaza Strip who attempted to enter Israel.

Israel has continued to impose a total closure and has isolated the Gaza Strip from the outside world.

Israeli settlement activities:

Israeli forces have continued settlement activities in the West Bank and Israeli settlers have continued to attack Palestinian civilians and property.

On 13 September 2012, three Palestinian civilians were admitted into Rafidya Hospital in Nablus, as they were injured by fragments of glass from the window of a car they had rented. Israeli settlers threw stones at the car while the three civilians were traveling on Nablus-Ramallah road near “Shilo” settlement. The car was also heavily damaged.

On the same day, the Israeli Central Court in occupied Jerusalem ordered handing over al-Rajabi building in the center of Hebron to Israeli settlers. The settlers had been evacuated from the building in 2008 by an order issued by the same court.

On 14 September 2012, a number of Israeli settlers from “Ma’oun” settlement attacked Khirbat al-Hamra area, south of Hebron, and uprooted at least 15 olive trees.

On the same day, at least 200 Israeli settlers from “Beit Hagai” settlement to the east of Dura village, south of Hebron, stormed Wad Abu al-Qamra area near the settlement. They remained in the area until approximately 09:30.

On 15 September 2012, a number of Israeli settlers from “Yish Kodesh” settlement outpost in the southeast of Qasra village, southeast of Nablus, attacked a Palestinian family while working on their land.

As a result, a member of the family was seriously injured as he was attacked by an Israeli settler using a sharp tool.

On the same day, Israeli forces positioned in al-Mussafer area to the southeast of Yatta village, south of Hebron, prevented Palestinian farmers and international solidarity activists from reaching the area to work on agricultural land, claiming that it was a closed military zone. Israeli forces and Israeli settlers attempt to seize this land in order to expand the nearby “Ma’oun” settlement, which stands on Palestinian land.

On 16 September 2012, Israeli forces issued a notice to ‘Abdullah Mohammed Ghunaim, 75, from al-Khader village south of Bethlehem, ordering him to evacuate his land and destroy what he has planted within 15 days on his own expenses. The land is located near Israeli settlements.

On 17 September 2012, 6 Israeli settlers from “Eitamar” settlement, which stands on the lands of ‘Aqraba village, southeast of Nablus, attacked 3 Palestinian civilians when they were on their way back to the village from their land in Karama area, nearly 700 meters away from the village.

As a result, the three civilians sustained bruises throughout their bodies.

On 19 September 2012, Israeli forces delivered two notices to Sabri Rashad Manasra and Jom’a Yousef ‘Assaf, confiscating 75 dunums[1] of their agricultural lands at the entrance of Wadi Foukin village, west of Bethlehem. The notices were accompanied by maps and a decision to replant the lands.

On the same day, a number of Israeli settlers from “Abraham Avino” settlement outpost in the center of Hebron raided a house belonging to Nidal al-‘Owaiwi, 42, in the old town.

They beat his daughter and his son. They also broke windows and damaged water tanks in house. Israeli soldiers were present in the area, but did not intervene to stop this attack.

Israeli attacks on non-violent demonstrations:

During the reporting period, Israeli forces used force to disperse peaceful demonstrations organized in protest to the construction of the annexation wall, settlement activities and other Israeli practices in the West Bank.

As a result, a Palestinian child and an Israeli human rights defender were wounded, and dozens of demonstrators suffered from tear gas inhalation.

Following the Friday Prayer on 14 September 2012, dozens of Palestinian civilians and international and Israeli human rights defenders organized a peaceful demonstration in Bil'ein village, west of Ramallah, in protest to the construction of the annexation wall. They called through megaphones on Israeli settlers in “Mitityahu” settlement to leave Palestinian land. Israeli soldiers stationed in the area fired rubber-coated metal bullets, sound bombs and tear gas canisters at the demonstrators.

As a result, Dr. Rubeh, 39, and Israeli human rights defender, was hit by a tear gas canister to the head, and a number of demonstrators suffered from tear gas inhalation.

Also following the Friday Prayer on 14 September 2012, dozens of Palestinian civilians and international and Israeli human rights defenders organized a peaceful demonstration in Ne’lin village, west of Ramallah, in protest to the construction of the annexation wall and settlement activities. The demonstrators moved towards areas of the annexation wall. Immediately, Israeli soldiers stationed in the area fired rubber-coated metal bullets, sound bombs and tear gas canisters at the demonstrators.

As a result, some demonstrators suffered from tear gas inhalation.

Also following the Friday Prayer on 14 August 2012, dozens of Palestinian civilians and Israeli and international human rights defenders gathered in the center of Nabi Saleh village, northwest of Ramallah, to start the weekly peaceful protest against the construction of the annexation wall and settlement activities. The protesters walked towards the gate erected by Israeli forces near the entrance of the village and leading to Palestinian lands that Israeli settlers from the nearby "Halmish" settlement are trying to seize.

Israeli soldiers who had been extensively deployed in the area and near all the entrances of the village since the morning, began to confront the protesters who wanted to walk towards the affected lands. Israeli soldiers fired live and rubber-coated bullets, sound bombs and tear gas canisters at the protesters.

As a result, a 16-year-old child was wounded by a rubber-coated metal bullet to the left hand, and some demonstrators suffered from tear gas inhalation.

At approximately 13:15 on Friday, 14 August 2012, Palestinian civilians and international and Israeli human rights defenders organized a peaceful demonstration in the center of Kufor Qaddoum village, northeast of Qalqilya, in protest to the continued closure of the eastern entrance of the village since the beginning of the al-Aqsa Intifada. Once they moved towards the entrance, Israeli forces fired rubber-coated metal bullets, tear gas canisters and sound bombs at them.

A number of demonstrators suffered from tear gas inhalation. Israeli forces also abducted 3 brothers from the Ali family, including a child, and two Israeli human rights defenders, but released them at 17:00 on the following day.

Also on Friday afternoon, Palestinian civilians and international human rights defenders organized a peaceful demonstration in the center of al-Ma’sara village, south of Bethlehem, in protest to the construction of the annexation wall. They moved towards the entrance of the village. Immediately, Israeli forces fired rubber-coated metal bullets, tear gas canisters and sound bombs at them.

Dozens of demonstrators suffered from tear gas inhalation.

Recommendations to the international community:

Due to the number and severity of Israeli human rights violations this week, the PCHR made several recommendations to the international community. Among these were a recommendation that the International Committee of the Red Cross increase its staff and activities in the Occupied Palestinian Territories, including the facilitation of family visitations to Palestinian prisoners in Israeli jails.

The PCHR appreciates the efforts of international civil society, including human rights organizations, bar associations, unions and NGOs, and urges them to continue their role in pressuring their governments to secure Israel's respect for human rights in the Occupied Palestinian Territories and to demand Israel end its attacks on Palestinian civilians.

For the full text of the report, click on the link

27 sept 2012

Israelis tell poll: War, threat to Israel existence

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Israelis protest in Tel Aviv against a potential attack by the regime on Iran

An opinion survey has showed that half of Israelis “greatly fear” for Israel’s existence in case of a war with Iran, a poll shows.

The survey, conducted by Haaretz at the beginning of the week and published by the Israeli newspaper on Thursday also indicated that the majority of respondents believed that the chance of a conflict with Iran in the new Jewish year, which began last week, was either “medium” or “high.”

The poll, supervised by Tel Aviv University statistician, Professor Camil Fuchs, also showed that only a quarter of the interviewees were not afraid of Israel’s future in the event of a military confrontation with the Islamic Republic.

A September 20 survey by the same paper showed that only 18 percent of Israelis were in favor of a possible Israeli strike against Iran without the support of the United States.

Sixty-five percent of the Israeli respondents also said the Tel Aviv regime would not instigate military action against the Islamic Republic without US backing. The figure is up from 52 percent in June.

The survey also showed that almost five in every six Palestinian and 77 percent of Israelis believed an Israeli strike against Iran would lead to a major conflict in the region.

The US, Israel, and some of their allies have accused Iran of pursuing non-civilian objectives in its nuclear energy program with the Israeli regime repeatedly threatening to attack Iran's nuclear facilities based on the unsubstantiated allegation.

Iran rejects the allegations, arguing that as a committed signatory to the nuclear Non-Proliferation Treaty (NPT) and a member of the International Atomic Energy Agency (IAEA), it has the right to use nuclear technology for peaceful purposes.

In addition, the IAEA has conducted numerous inspections of Iran's nuclear facilities, but has never found any evidence showing that Iran's civilian nuclear program has been diverted towards nuclear weapons production.

Unlike Iran, Israel, which is widely believed to possess between 200 to 400 nuclear warheads, is a non-signatory to the NPT and continues to defy international calls to join the treaty.

Despite warnings by former and current Israeli security and intelligence officials, the Tel Aviv regime has recently stepped up its aggressive rhetoric against Iran.

Iranian officials have pledged to deliver a crushing response to any military strike against the country, warning that any such measure could result in a war that would spread beyond the Middle East.

26 sept 2012

Occupied lives: Education under attack

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Akram Assad, director, holds shrapnel found in the school after an attack

Shuhada Khuza’a is a secondary school that lies 500 meters from the border between Khan Yunis, in the southern part of the Gaza Strip, and Israel. This school was established in 2002 and serves the entire population of the small farming village of Khuza’a.

Due to its proximity to the ‘buffer zone’, the school is subject to frequent shootings from tanks and shelling from drones. The ‘buffer zone’ is a military no-go area which was unilaterally imposed by Israel in 2007. It extends along the entire northern and eastern perimeter of the Gaza Strip adjacent to Israel, but inside Palestinian territory.

In 2009, Israel announced that the ‘buffer zone’ would extend 300 meters into Gaza, but the precise area designated by Israel as a 'buffer zone' is unknown and, in reality, it can extend as far as 1,500 meters. The establishment of the ‘buffer zone’ is illegal under international law. The buffer zone is often enforced using live fire, which results in the loss of Palestinian lives, land and property.

An example of this enforcement is the 5 automatic Israeli sniper towers near Shuhada Khuza’a which shoot at anyone who ventures into the 300 meters.

Akram Assad has been the director of Shuhada Khuza’a for 2 years and can easily describe the kind of conditions that his 300 students face on a daily basis: “There have been so many attacks on this school, sometimes even twice in one month. No prior warning is usually given, even though some of the attacks happen when school is in session.

On 14 June 2012, for instance, the school was shelled just a bit after the children left. Most often, the attacks come from tanks shooting shells, but sometimes we have drone attacks after school hours.

When the shooting begins, we make the students lie on the ground in their classrooms or gather them in one place and wait for the shooting to stop. We have no way to leave or escape once an attack begins. Once, the tanks came up to the school and we all stayed behind for 2 hours after school, because even the ICRC could not coordinate for us to leave.”

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Destruction in Shuhada Khuza’a

The constant attacks have had a negative effect on the teachers and students of Shuhada Khuza’a: “The children are always nervous and feel scared. These psychological problems are reflected in their poor grades and discipline issues. In the morning, if they see tanks around the buffer zone, they simply do not show up for school that day.

The teachers are also scared, so how can they be expected to help the children? It is obviously very hard to learn or teach under these conditions.
Some of the structures in the school remain unrepaired from previous attacks. This can be attributed to the closure of the Gaza Strip and the subsequent ban on imports, which has resulted in the limited availability and prohibitively high prices of building materials. The computer classroom, for instance, has a gaping hole in one of its walls resulting from a previous attack.

Further to this, bullet holes in some of the windows and corridors serve as evidence of repeated attacks on the school. One of the buildings is considerably damaged, and has metal rods protruding from a section of the wall: “A fletchete bomb was dropped on the school one night and the shrapnel chipped some of the walls.

We have yet to receive help to reconstruct the damaged structures. Sometimes, when the buildings get damaged, we form committees, approach businessmen or ask the children’s parents to contribute towards repairs.”
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Ammunition collected in Shuhada Khuza'a after one of the attacks

For some of the students, the attacks and their effects are not only limited to their school life: “During ‘Operation Cast Lead’ in 2009, 4 of our students died and 9 students were orphaned. A sizeable number of our current students have had their homes destroyed completely or partially by Israel’s forces. When they go home, they cannot even study or do their homework.

They have serious psychological problems and we try to keep them
close to their teachers, so that they can receive counseling and assistance with their studies. We also try to engage them in sports such as football, as a way of helping them to forget about their problems.”

Irrespective of the significant challenges, Akram hopes that the situation and learning conditions will improve in Shuhada Khuza’a school: “I do not know if these attacks are meant to incite fear in the children or make us leave the area. This school is the only secondary school in Khuza’a and next year we will have even more students. It is dangerous here and there is no safe place to hide from the attacks.

We just wish and hope for the same things as schools in other countries. In particular, we need a room for the psychology teacher, because it is one of our priorities to address the psychological problems that these children have. We also hope that this area will be peaceful one day.”

Under Article 53 of the Fourth Geneva Convention, the destruction of private property is prohibited unless rendered absolutely necessary by military operations. Further, according to the second paragraph of Article 8 (b)(i) and (ii) of the Rome Statute of the International Criminal Court, both “intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities” and “intentionally directing attacks against civilian objects, that is, objects which are not military objectives” constitute war crimes.
25 sept 2012

PCHR Submits Memorandum to the Special Rapporteur on the Human Rights of Internally Displaced Persons

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On Monday 24 September the Palestinian Centre for Human Rights (PCHR) has made a written submission, in the form of a Memorandum, to the Special Rapporteur on the human rights of internally displaced persons, which draws attention to issue of the internal displacement of Palestinians in the Gaza Strip as a result of Israeli actions.

The forced displacement of Palestinians, which results in internal displacement throughout the West Bank and Gaza Strip, has been carried out by Israel since the beginning of its occupation of the occupied Palestinian territory in 1967.

From the end of 'Operation Cast Lead' until June 2012, 153 persons have been displaced from the 'buffer zone' of the Gaza Strip as a result of 351 attacks by Israel on civilian homes. This includes the displacement of 24 families and 83 children.

In the Gaza Strip forced internal displacement can be caused by tank shelling, air strikes, bulldozing and shooting by Israel's forces. From 'Operation Cast Lead' until the end of June 2012, Israel carried out 346 aerial bombings and 12 bulldozing incidents that resulted in the internal displacement of Gazan civilians. In addition to the damage and destruction of homes, the tank shelling and shooting incites fear in the population.

From 'Operation Cast Lead' until the end of June 2012, Israel carried out 142 tank shellings and 255 shooting incidents in the 'buffer zone' of the Gaza Strip.

As per Articles 49(1), 53 and 147 of the Fourth Geneva Convention, attacks against civilians and civilian property leading to the large scale transfer of civilians is illegal.

Furthermore, under Article 8(2)(a )(vii) of the Rome Statute of the International Criminal Court, the unlawful transfer of persons protected under the provisions of the relevant Geneva Convention constitutes a war crime, and the forcible transfer of a civilian population constitutes a crime against humanity under Article 7(2)(d) of the Rome Statute.

The Memorandum also outlines how internally displaced persons in the Gaza Strip often suffer from additional human rights violations, such as the denial of the right of access to livelihood, the right to an adequate standard of living, and the right to health.

PCHR will be submitting either Memorandums or Individual Complaints bi-weekly to UN Working Groups and Special Rapporteurs, to draw attention to issues facing the Palestinian people.

-------------------------

Supplementary documents:

Memorandum: The Internal Displacement of Palestinians in the Gaza Strip (pdf)

Briefing Note: The Internal Displacement of Palestinians in the Gaza Strip (pdf)

Fact Sheet: Gaza Strip: Attacks and their Consequences (pdf)

UNHRC: “Israel Fails To Prosecute Soldiers, Settlers, Who Attack Palestinians”

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A report prepared and published by the United Nations Human Rights Council (UNHRC) accused the state of Israel of failing to prosecute Israeli soldiers and settlers who commit crimes against the Palestinian people in the occupied territories, the Arabs48 News Website reported.

The report said that there is a serious increase in attacks carried out by settlers and soldiers against the unarmed Palestinian civilians in the occupied West Bank, including in occupied East Jerusalem.

The report was submitted to the Human Rights Council during its Monday session in Geneva, and states that “Israel has failed to conduct the needed legal measures against Israeli soldiers and settlers who practice violence against the Palestinians and their property”.

The report also revealed that an Israeli soldier, who was questioned by Israel for killing a Palestinian mother and her daughter, never faced charges until this moment, and said that three Israeli young settlers were placed under house arrest for five days for attacking a Palestinian family with firebombs leading to serious injuries.

The Human Rights Council said that “such attacks are frequent, and escalating in many cases, and target Palestinian civilians and their property”.

It stressed on the fact that Israel is obliged to protect the Palestinians, and when violence is practiced against them, Israel, as the occupying country, is obliged to prosecute the assailants.

The Council also stated that Jewish settlers, and soldiers, cut and uprooted more than 500 Olive trees since the beginning of last month, an issue that deprived Palestinian families from their main source of livelihood.

Israeli settler attacks against the Palestinians in the West Bank and East Jerusalem did not only target the residents, their homes, property and lands, but several racist attacks targeted holy sites and included burning and defacing several mosques and churches, in addition to defacing Muslim and Christian graveyards. Several attacks were also carried out against property that belongs to Israeli peace groups and some of their members.

UN report slams Israel's failure to protect Palestinians

GENEVA, (PIC)-- A report issued by the UN human rights office (OHCHR) accused Israel of deliberately not taking legal action against Israeli settlers and soldiers who perpetrate violence against Palestinians and their property.

The report, which was submitted on Monday by the UN deputy high commissioner for human rights Kyung-wha Kang, said a soldier investigated for the killing of a Palestinian woman and her daughter was yet to be indicted for the crime, while three youths who petrol-bombed a Palestinian family were released into house arrest after five days.

The report noted that about 500 olive trees have been destroyed since the beginning of August this year depriving Palestinians a vital source of income.

"These incidents are characteristic of a long standing pattern of frequent, at times extreme violence by Israeli settlers against Palestinians and their property. Israel has an obligation to protect Palestinians from such violence."

"We look forward to immediate and effective action by Israeli authorities to prevent, investigate and punish any incident of violence by Israeli settlers against Palestinians or their property," the report concluded.

PCHR Submits Written and Oral Statement to the 21st Session of the Human Rights Council

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For the 21st Session of the Human Rights Council, taking place in Geneva from 10 to 28 September, the Palestinian Centre for Human Rights (PCHR) has submitted an individual written statement and a joint oral statement, which was co-sponsored and presented to the Council by the International Federation for Human Rights (FIDH).

In advance of the Secretary-General's report on the follow-up to the Fact-Finding Mission on the Gaza Conflict, both the written statement, titled "The right to a remedy: Pursuit of reparations in response to violations of international law", and the oral statement provide the Human Rights Council with an update on the progress made on the implementation of the recommendations of the Fact-Finding Mission.

In particular, the submissions address the lack of accountability in Israel with respect to alleged violations of international law committed in the context of "Operation Cast Lead," Israel's offensive on the Gaza Strip which lasted from 27 December 2008 – 18 January 2009. PCHR hopes that its considerable experience and expertise in the field will supplement the available information and help to facilitate a fully-informed discussion on the topic.

The information provided in the oral and written statements is based on PCHR's longstanding tradition of providing free-of-charge legal assistance to Palestinian civilians, and is focused on the status of civil (reparation) and criminal complaints which have been submitted to the Israeli authorities in relation to alleged violations of international law committed in the context of "Operation Cast Lead".

An analysis of Israel's investigative system and the absolute lack of accountability engendered by this system lead to the unequivocal conclusion that the recommendations set out in the UN Fact-Finding Mission on the Gaza Conflict to the Security Council have not been implemented. Israel has created a situation where impunity prevails, denying access to justice for the victims of "Operation Cast Lead", and has systematically failed to fulfill its concrete obligations under international law, violating Palestinian victims' right to an effective remedy.

In light of the situation, PCHR suggests again that a Chapter VII Security Council referral of the situation in Israel and Palestine to the International Criminal Court is the most appropriate course of action.

24 sept 2012

Israel must stop violating Palestinian human rights: UN

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Deputy High Commissioner for Human Rights Kyung-wha Kang

The United Nations has called on Israel to halt a series of serious violations of the Palestinian people's human rights cited by a 2009 fact-finding mission, a UN report says.

Deputy High Commissioner for Human Rights Kyung-wha Kang presented a report to the UN Human Rights Council in Geneva, Switzerland, detailing the violations of international rights, as well as humanitarian laws in Palestinian territories during the 22-day Gaza war in 2008 and 2009.

"It has been nearly three years since this council endorsed the fact-finding mission's recommendations. Yet, not one person has been indicted for any of the incidents documented," she said commenting on progress made according to the Goldstone report recommendations.

Speaking on behalf of UN rights chief Navi Pillay, Kang said that there was a “need to more earnestly pursue accountability for the serious violations of human rights and international humanitarian law that were documented by the fact-finding mission."

According to the report, Israel’s Operation Cast Lead offensive killed some 1,400 Palestinians, most of them civilians, in the Gaza Strip, and 13 Israelis.

It also questioned the detention of nearly 5,000 Palestinians in Israeli prisons, with many being held without trial.

"Respecting human rights and international humanitarian law obligations means that perpetrators of violations are brought to justice,” she added.

Kang further slammed Israeli settlers who attack Palestinians on their property, saying that they should also be brought to justice.

She also criticized the sentencing of an Israeli soldier for only 45 days in prison after he killed two unarmed Palestinian women waving a white flag during the Gaza conflict.

The UN report also highlighted a great economic crisis in Palestinian territories.

Back in March, Israel suspended all working ties with the UN Human Rights Council, announcing it would not cooperate with the council in an investigation of the contruction of Jewish settlements in Palestinian land.

The Israeli military frequently attacks the Gaza Strip, saying the actions are being conducted for defensive purposes. However, disproportionate force is always used, in violation of international law, and civilians are often killed or injured.

In addition to airstrikes and ground attacks, the Tel Aviv regime also denies about 1.7 million people in Gaza their basic rights, including the freedom of movement and the right to decent living, work, health and education.

MADA Monitors Israeli Violations of Media Freedoms in OPt During August 2012

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Media freedoms in the occupied Palestinian territories continued to deteriorate during August 2012, with new violations recorded against journalists who were simply pursuing their professional work. The Palestinian Center for Development and Media Freedoms (MADA) monitored serious violations committed by Israeli forces through the targeting of journalists with gas bombs, detention and beatings, particularly the attack on French Agency photographer Jaafar Ishtayeh, which left him with a broken hand.

Palestinian violations by known and unknown parties against journalists also continued. The most serious was the abduction and prosecution of journalist Saher Aqra in the Gaza Strip, the closure of Al-Sho'la news website, and a death threat against the Director of Radio Bethlehem 2000 George Canawati.

Israeli violations:

Israeli forces threw a tear gas canister at Pal Media cameraman Ashraf Abu Shawish, hitting his left foot, while he was covering the Kofor Kaddoum weekly march, on Friday, 3 August 2012. Journalist Nihad Abu Ghosh was also was injured by a tear gas canister while travelling to Jerusalem through the Qalandia checkpoint on Tuesday, 14 August 2012.

Israeli occupation forces attacked a group of journalists during their coverage of the weekly march in Kofor Kaddoum on Friday, 17 August 2012. They are: French Agency photographer Jaafar Ishtayeh, Palestine Public TV cameraman in the city of Nablus, Bakr Abdel-Haq, Palestine Public TV cameraman Fares Fares, a photographer with Palestinian news agency "Wafa", Nidal Shtayyeh, and journalists Uday Kaddoumi and Noah Kaddoumi.

Israeli occupation forces also arrested photographer for the Popular Committee Against the Wall in Nabi Saleh, Bilal al-Tamimi, while he was covering the weekly march in the village on Friday, 31 August 2012.

An unknown person/s in an Israeli-registered car opened fire on Palestine TV correspondent Nizar Al-Samodi in the city of Jenin, on 8 August 2012. And unknown people hacked the website of the Palestinian network for media and uploaded phrases in Hebrew, English and Arabic that accuse the network of inciting against Israel.

Palestinian violations:

The internal security service of the Hamas Government in the Gaza Strip summoned the producer and manager of Surcareen Company, Salem Hamad, for investigation on Wednesday, 1 August 2012. Also Alsho'la news agency chief editor Saher Aqra' was kidnapped by men affiliated with internal security in Gaza and assaulted during a week of detention, from 23-30 August 2012.

In the West Bank, the Palestinian intelligence service confiscated equipment from Aqsa TV crew in the city of Hebron on Tuesday, 14 August 2012. Mayadeen channel correspondent Nisren Sulami was hit in her right foot and shoulder by stones from young demonstrators at Qalandia checkpoint while covering clashes there on Wednesday, 15/08/2012.

An unknown person made a death threat against the director of Radio Bethlehem 2000 George Canawati on Tuesday, 28 August 2012.

Conclusion and recommendations:

MADA expresses grave concern at the continuing deterioration in media freedoms in the occupied Palestinian territories, which causes heightened stress for journalists, poses a risk to their safety and to their lives and encourages self-censorship. Therefore, MADA Center demands:

• That the international community takes immediate and effective steps to pressure the Israeli occupation to end attacks against journalists, particularly during their coverage of the weekly peaceful rallies.

• That the international community holds Israel accountable for violations against journalists in general, and holds to account those who attacked French Agency photographer Jaafar Ishtayeh.

• That both sides respect the Palestinian basic law, which guarantees freedom of expression, and refrain from prosecuting journalists.

• That the hijackers of journalist Saher Aqra in Gaza are held to account, and that the Alsho'la website is unblocked unconditionally.

MADA also expresses deep concern at the disappearance in Syria of the Palestinian journalist who was working as director of the Alhurra channel office in Turkey, Bashar Qaddoumi. The channel has had no contact with him since the third day of the Eid al-Fitr. MADA Center appeals to the international community to provide urgent assistance to help locate Mr. Qaddoumi.

Details of violations:

1 August 2012: The internal security service of the Hamas Government in the Gaza Strip summoned Surcareen company producer manager Salem Hamad for investigation. Hamad told MADA that he was summoned on 27 July 2012 to go to the headquarters of Internal Security at Ansar at 9am on 1 August. When he arrived he was asked to fill out a form with personal information, but he refused to provide his e-mail and password. Hamad added: "The investigation was about my work, my relationship with Egypt and whether I am pursuing a particular ideology with my work, which I denied, and after around one-and-a-half hours they released me."

3 August 2012: Israeli forces attacked Pal Media cameraman Ashraf Abu Shawish with a tear gas canister which hit his left foot while he was covering the Kofor Kaddoum weekly march. Abu Shawish told MADA that he was covering the march in an area between Israelis and demonstrators when he was injured. Abu Shawish added: "Youths took me to a nearby Red Crescent ambulance, but the injury was superficial and I continued my work after a short time."

8 August 2012: An unknown person in an Israeli-registered car opened fire on Palestine TV correspondent in the city of Jenin, Nizar Al-Samodi. Al-Samodi told MADA that he was returning from Ramallah to his home in Jenin when he arrived at the crossroads known at 'Tormos Aya and Singel' at around 10:30pm. He reported that someone fired a shot at him which hit the car mirror, missing him by centimetres. He added: "The bullet was fired from a white Israeli car with yellow number plates. I believe the goal was to kill me, but the shooter underestimated the speed of the car, so the bullet just missed me and broke the mirror of the car instead. I filed a complaint with the Israeli military liaison office."

14 August 2012: Israeli forces attacked journalist Nihad Abu Ghosh, Director of Masar office, with a tear gas canister while he was travelling to the city of Jerusalem through Qalandia checkpoint. Abu Ghosh said to MADA Center that Israeli forces were targeting Palestinians directly during the confrontations, and while attempting to pass the barrier he was targeted with the tear gas canister, which injured his left shoulder, causing burns and wounds.

14 August 2012: The Palestinian intelligence service confiscated equipment from an Al-Aqsa TV crew in the city of Hebron. Correspondent with Al-Aqsa TV in Hebron, Osaid Amarneh, told MADA that members of the Palestinian intelligence service also detained camera assistant Tariq Mahmood inside the headquarters of the intelligence service in the city of Hebron. Amarneh added: "When I learned of his detention I contacted the director of Prisoners' Club in Hebron which called the intelligence service and inquired about Tariq. They replied that they will question him and release him. They questioned him about me and our work and where we want to photograph, then they released him. They didn't return our equipment and instead asked us to return the next day. When we came back they refused to return our equipment and told us to come back again three days later. We contacted the Journalists' Syndicate who talked to the intelligence service, and they returned our equipment after we waited for around seven hours at intelligence services headquarters."

15 August 2012: Correspondent for Mayadeen channel, Nisren Sulami, was hit in her right foot and shoulder by stones thrown by young demonstrators at the Qalandia checkpoint while she was covering clashes in the area. Sulami told MADA: "I was covering the clashes between demonstrators and Israeli forces that were firing tear gas on demonstrators, and while covering the event I was injured. The injury was minor, and I was treated immediately by the crew of the Red Crescent. I returned to continue covering the event shortly thereafter."

17 August 2012: Israeli forces attacked a group of journalists during their coverage of the weekly march in Kofor Kaddoum. They are: French Agency photographer Jaafar Ishtayeh, Nablus-based Palestine Public TV cameraman Bakr Abdel-Haq, Palestine Public TV cameraman Fares Fares, photographer with Palestinian news agency "Wafa" Nidal Shtayyeh, and journalists Uday Kaddoumi and Noah Kaddoumi. Jaafar Ishtayeh, who was severely beaten, told MADA that he was covering events with his colleagues and after about half an hour a group of Israeli soldiers came between demonstrators. Ishtayeh said he and his colleagues filmed the soldiers, but they ordered them to stop filming, detained them, and began screaming at them. He added: "I asked them why they were treating us like this. So a number of soldiers violently attacked and beat me on my right hand and my feet with batons, tied up my colleagues and took us in a military vehicle to Kedumim camp near Ramallah. They treated us in a barbaric way, and forced us to sign a pledge not to return to this region as it is a closed military zone. They released us after around four hours, after which my colleagues took me to the Arab Specialist hospital in Nablus, where it became clear that my right hand was broken."

23 August 2012: Unknown persons hacked the website of the Palestinian Media Network and uploaded a picture of the Israeli secret service (Shin Bet) and phrases in Hebrew, English and Arabic that accuse the network of inciting against Israel. Network Chairman Abu Al-foul told MADA that the website was hacked by Shin Bet in an attempt to undermine the Palestinian media. Abu Al-foul added: "We have identified several recent attempts to penetrate the site, which failed as we were able to deal with them."

25 August 2012: Alsho'la news agency chief editor Saher Aqra' was kidnapped, detained and assaulted from 23 August to 30 August, by men affiliated with internal security in Gaza. Aqra' told MADA Center that while returning from his family home to his house in Gaza City, on Salah al-Din Street, seven cars blocked his way. He escaped once and continued on his way, but when he reached the area of Al-Saraya, Aqra, he was blocked again by a jeep and two cars. Masked and armed men kidnapped and blindfolded him and took him to an unknown location. Aqra' added:"I was subjected to a humiliating interrogation by several people about my work, my news website and my political affiliations. During the investigation they extinguished cigarette butts in my back and beat me severely. On Saturday, 30 August I was able to escape from the apartment where I was being detained. The severe beatings had left me with a leg wound, and I hid in a friend's house. After my escape, Al-Qassam men and internal security searched for me but were unable to find me." Aqra' was forced to close the news agency after persons connected to the Hamas Government put pressure on his family.

28 August 2012: An unknown person made a death threat against the director of Radio Bethlehem 2000 George Canawati, through his Facebook account. Canawati told MADA that he received the message days after writing a critical comment on Facebook about youth seen driving a Government-funded car. Canawati added: "After posting the comment, the security services and the car owner contacted and thanked me, and I thanked them for their response. I don't know who threatened me."

31 August 2012: Israeli forces arrested photographer for the Popular Committee Against the Wall in Nabi Saleh Bilal al-Tamimi while he was covering the weekly march in the village. Tamimi told MADA that before the start of the march he learned that there were demonstrators in the area of Nabaa near the village so he went to cover the event. During that he was approached by one Israeli soldier and asked why he was there, so Tamimi showed his press card. After a brief moment he was approached again by an officer and ordered to vacate the area within five minutes. Tamimi added: "After less than a minute the occupation soldiers came and arrested me with three protesters and told us to sit under a tree near the village for several hours. Then they took us to the investigation police center "Bin Yamina" near the village, where we were held until around 11:00 pm and then released.

23 sept 2012

Continuing its Efforts to Judaize Occupied East Jerusalem, Israel’s Forces Close the Ras Khamis Checkpoint and Declare the Establishment of a Bridge between Silwan and al-Buaq Wall

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The Palestinian Centre for Human Rights (PCHR) condemns in the strongest terms possible the continued policies practiced by the Israeli occupation authorities aimed to Judaize occupied East Jerusalem, the latest of which was the closing of the Ras Khamis checkpoint, northeast of the city, and the start of construction for a section of the annexation wall in that area.

PCHR further condemns Israel’s plans to establish a bridge for pedestrians and cars between the settlement visiting center known as ‘David Town’ at the entrance of Silwan village, south of the old town of East Jerusalem, and the tunnel of al-Buraq Wall, passing through WadiHilweh Yard (‘Givati Park’).

PCHR emphasizes that these measures are part of the policies adopted by the Israeli occupation authorities to Judaize the city, cut it off from other parts of the occupied West Bank and perpetuate its annexation to Israel, in violation of international humanitarian law and international resolutions regarding the legitimacy of occupied East Jerusalem.

PCHR calls upon the international community to immediately stop Israel’s policies in occupied Jerusalem, and reiterates its call for the High Contracting Parties to the Fourth Geneva Convention to fulfill their obligation under Article 1 of the Convention to respect and ensure respect for the Convention in all circumstances.

According to investigations conducted by PCHR, on Wednesday at noon, 19 September 2012, the Israeli occupation forces closed the Ras Khamis checkpoint, northeast of occupied Jerusalem, and initiated the construction of a new section of the annexation wall in the area.

The closure of this checkpoint will isolate the Ras Khams neighborhood from the city and transfer the movement of its 10,000 residents to the Shu’fat crossing, which opened on 11 December 2011.

After the dismantling of this checkpoint, Palestinian civilians will be force to walk another2 kilometers to reach the Shu’fat crossing, which was established to cut the Shu’fat refugee camp, the Ras Khamis neighborhood and al-Salam suburb off from Jerusalem. The Palestinian population of these 3 areas is estimated to be 50,000.

PCHR is concerned that the Israeli occupation authorities may withdraw Jerusalem ID cards from this population and substitute ID cards from the Palestinian National Authority.

In the same context, the Jerusalem Development Company – Moriah is currently establishing a bridge for pedestrians and cars between the settlement visiting center known as ‘David Town’ at the entrance of Silwan village, south of the old town of East Jerusalem, and the tunnel of al-Buraq Wall, passing through WadiHilwa Yard (‘Givati Park’).

The WadiHilweh Information Center in Silwan village stated that notices were disseminated in the WadiHilweh area indicating that traffic would be changed and work would begin on the main road,whichis currently in use, to turn it into a bridge linking the settlement center and al-Buraq Road.

According to the notices, this work will continue for several months from 23:00 to 05:00, during which time the Israeli police would close the main road to traffic. Moriah is cooperating with the Israeli municipality of Jerusalem, the Israeli police and the Israeli Archaeology Authority.

The Center further pointed out that the Israeli Supreme Court issued a ruling about a year ago ordering Israel to abstain from making any changes to the main road of WadiHilweh, in response to petitions from the Palestinian population.

The Israeli occupation forces have not complied with this court ruling, as the Israeli Municipality of Jerusalem have declared their intention to make changes to this road, including changes to traffic and general appearance.

PCHR strongly condemns these measures, and all settlement activities in the occupied Palestinian territory, especially in East Jerusalem, and:

1. Calls upon the international community to intervene to compel Israel to stop all settlement activities in the occupied Palestinian territory (oPt), especially in East Jerusalem.

2. Confirms that East Jerusalem, which has been occupied since 05 June 1967, is an integral part of theoPt, and that procedures taken by Israel following the occupation of the city do not change its legal status.

3. Asserts that all Israeli settlement activities in East Jerusalem constitute a war crime, according to international humanitarian law.

4. Calls for the application of the Advisory Opinion issued by the International Court of Justice on 08 July 2004, which considers the annexation wall being built by Israel in the West Bank, including East Jerusalem, illegal and calls for the dismantlement of such parts of it that have been built.

5. Calls upon the High Contracting Parties to the Fourth Geneva Convention to fulfill their legal obligations and ensure Israel's respect for the Fourth Geneva Convention in the oPt, in accordance with Article 1 of the Convention. PCHR believes that the conspiracy of silence practiced by the international community encourages Israel to act as a state above law, and to commit more violations of international human rights law and international humanitarian law, including efforts to create a Jewish majority in occupied East Jerusalem.

6. Calls upon the European Union (EU) and/or its Member States to activate Article 2 of the Euro-Israeli Association Agreement, which makes Israel’s respect for human rights a condition for economic cooperation, and to act to ensure Israel’s respect for human rights. PCHR also calls upon EU Member States to stop all forms of interactions with Israeli goods, particularly those produced inIsraeli settlements in the oPt.

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